Aliens can obtain U.S. permanent residence through employment in the U.S., usually based on a job offer from a U.S. employer. All employment-based groups are subject to an overall numerical limitation. The cap is set at 120,000 per year for employment-based immigrants in the first three employment-based preferences. The other two employment-based preferences are each allotted 10,000 annual visas. The fourth employment-based preference is for "special immigrants". The fifth employment-based preference is for immigrant investors.
The first three employment-based preferences usually require an offer of employment in the U.S.
The first employment-based preference (approx. 40,000 annual visas) for "priority workers":
(no labor certification required)
- Managers/Executives subject to international transfer to the U.S.
- Outstanding professors and researchers with universities or private employers that have established research departments
- Aliens of "extraordinary ability" in the sciences, arts, education, business, and athletics (no offer of employment required).
The second employment-based preference (approx. 40,000 annual visas plus visas not used in the first preference):
- Aliens of "exceptional ability" in the sciences, arts, or business
- Advanced-degree professionals.
The third employment-based preference (approx. 40,000 annual visas plus visas not used in the first & second preferences):
- Professionals with bachelor's degrees not qualifying in the second preference
- Skilled workers (filling positions requiring at least two years of training and experience)
- Unskilled workers.
